Appeal No. 1997-0227
Application No. 08/113,147
monomer such as butadiene or a mixture of butadiene
and a core comonomer, is present in a dispersed
second phase, resulting in polymer as a dispersed
solid phase. . . .
For the microgel binders used in practicing the
invention, the butadiene is only partially
polymerized at this point. It is preferred that
less than about 95% by weight of the butadiene
monomer is polymerized, more preferably 60 to 90% is
polymerized. At this point, a monomer having acid
functionality is added to the reacting mixture.
This monomer polymerizes with the remaining
butadiene monomer to form a thin shell on the
polybutadiene core.
A microgel produced by this process is also described in
Example 1. See Specification, p. 25 (polymerization of core
was allowed to proceed until approximately 85% of the
butadiene had polymerized; thereafter, methacrylic acid was
added to produce a shell of poly(butadiene/methacrylic acid));
see also Specification, p. 30.
Therefore, in view of the specification, we interpret
"unpolymerized elastomeric monomer from the core" to mean that
monomer present during polymerization of the core but which
remains unreacted after polymerization of the core has ceased.
See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51
(CCPA 1969) (claims cannot be read in a vacuum but instead
must be read in the light of the specification).
Discussion
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